HomeMy WebLinkAbout#1945- Deed; CONSENT TO ANNEXATIONi
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Hold Recorded copy for: City of South Bend oard of Public Works
CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
In consideration for permission to tap into the public sanitary sewer system of the city of South Bend, Indiana, to
`s provide sanitary sewer service to the following described property, (hereinafter referred to as the "Real Estate"), situated
in St. Joseph County, Indiana:
LESLIE H. & ALBERTA F. MILLER
55159 LEXINGTON
LOTS 9 & 11 ALWARD'S 2ND PROP.
SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
KEY ##: 17-1002-008008
LESLIE H. & ALBERTA F. MILLER. 55159 LEXINGTON, South Bend,St. Joseph County, Indiana 46628, Owner of
the Real Estate, (hereinafter "Owner"), for themselves and their successors in title and assigns, waives and releases any
and allright which they may now or hereafter have to remonstrate against or otherwise object to, interfere with, or oppose
any pending or future annexation of the Real Estate by the City of South Bend.
In further consideration and to induce the City of South Bend to allow Owner to tap into the public sanitary sewer and/or
water of the City of South Bend, Owner, for themselves and their successors and assigns, agrees hereby to vest in the City
of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized
ordinance.
Owner further agrees that any deeds, contracts, or other instruments of conveyence made by Owner, their successors
or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land.
The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser
is subject to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the
foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title.
LESL tr: r-t. LEsR
Before me, the undersigned, a Notary Public in and for said State, personally appeared and acknowledged
the eseciAion>of this Consent to Annexation and Waiver of Right to Remonstrate as his voluntary act and deed.
l WI;TNE Is hi nd and Notarial Seal this-0 day of I996-
lten gnature
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(Printed)
• ;%` .resident of St. Joseph County, Indiana.
My Commission Expires:
. -a! -,2,00 U
STATE OF INDIANA
) SS:
COUNTY OF ST. JOSEPH
This instrument was prepared by Anne Bruneel, Assistant City Attorney, 1400 County -City Building, South Bend,
Indiana 46601.
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�'rG�c� WESTERN RAILWAY COMPANY,
q°ds of the Commonwealth of
'Jirginia, hereinafter styled
Grantor, for and in consideration )ne Dollar ($1.00) and other
va.li_iahle considerations to it in hand paid, and pursuant to authority given by
the Board of Directors of said corporation, does hereby release and QUITCLAIM
unto the CITY OF SOUTH BEND, INDIANA, whose mailing address is 1400 County -
City Building, South Send, Indiana 46601, hereinafter styled Grantee, the
following described Real Estate together with all structures located thereon
situated in the County of St. Joseph, State of Indiana, to -wit:
Part of the East half of the Southeast Quarter of the
Northwest Quarter of Section 15, Township 37 North, Range 2
East, St. Joseph County, Indiana described as follows:
Beginning at a point on the West line of Olive Street in
the City of South Bend, South 89°52'30" West, 30.00 feet
and North 00°00'30" East (Assumed Bearing), 124.31 feet
from the center of said Section 15; thence South 89052'30"
West along the North line of Interplastics Corporation as
in need Rerord 7A10986 Office -of the Recorder of St. Joseph
County, Indiana, 105.64 feet (L. Vanosdol survey dated
April 22, 1983); thence thru the land of the Norfolk and
Western Railway Company North 56°40'30" East parallel to
and 25 feet Southeasterly (measured at right angles to the
centerline of ICC Track No. 77) from the centerline of the
New Jersey, Indiana and Illinois Railroad Company's
"Studebaker Spur" and also known as ICC Track No. 77,
126.44 feet to the Nest line of Olive Street; thence South
00°00'30" !Jest along the West line of Olive Street, 69.23
feet to the point of beginning, containing 0.084 acres.
SUBJECT, however, to any conditions, restrictions, reservations,
licenses or easements of record, rights of public utilities whether or not of
record, and rights of the public in streets and roadways and rights which are
apparent by visual inspection.
TO HAVE AND TO HOLD said parcel of land, with all and singular the
rights, members and appurtenances thereof, to the same being, belonging or in
anywise appertaining, to the only proper use, benefit and behoof of the said
City of South Send, Indiana, Grantee, its successors and assigns, forever, in
fee simple.
Grantor further grants for the same aforestated consideration a
permanent easement for a public roadway over and across that certain parcel of
\ND WESTERN RAILWAY COMPANY,
aws of the Commonwealth of
Virginia, hereinafter styled
ne Dollar ($1.00) and other
rsuant to authority given by
ereby release and QUITCLAIM
1g address is 1400 County -
rafter styled Grantee, the
structures located thereon
na, to -wit:
�oucneast Quarter of the
Northwest Quarter of Section 15, Township 37 North, Range 2
East, St. Joseph County, Indiana described as follows:
Beginning at a point on the l-lest line of Olive Street in
the City of South Bend, South 89°52'30" West, 30.00 feet
and North 00°00'30" East (Assumed Bearing), 124.31 feet
from the center of said Section 15; thence South 89°52'30"
West along the North line of Interplastics Corporation as
in. Deed Record 7810926 Office of the Recorder of St. Joseph
County, Indiana, 105.64 feet (L. Vanosdol survey dated
April 22, 1983); thence thru the land of the Norfolk and
Western Railway Company North 56°40'30" East parallel to
and 25 feet Southeasterly (measured at right angles to the
centerline of ICC Track No. 77) from the centerline of the
New Jersey, Indiana and Illinois Railroad Company's
"Studebaker Spur" and also known as ICC Track No. 77,
126.44 feet to the Nest line of Olive Street; thence South
0000010" West along the West line of Olive Street, 69.23
feet to the point of beginning, containing 0.084 acres.
SUBJECT, however, to any conditions, restrictions, reservations,
licenses or easements of record, rights of public utilities whether or not of
record, and rights of the public in streets and roadways and rights which are
apparent by visual inspection.
TO HAVE AND TO HOLD said parcel of land, with all and singular the
rights, members and appurtenances thereof, to the same being, belonging or in
anywise appertaining, to the only proper use, benefit and behoof of the said
City of South Bend, Indiana, Grantee, its successors and assigns, forever, in
fee simple.
Grantor further grants for the same aforestated consideration a
permanent easement for a public roadway over and across that certain parcel of
rt'1
r " _
QUITCLAIM DEED
THIS INDENTURE WITNESSETH, that NORFOLK AND WESTERN RAILWAY COMPANY,
a corporation organized and existing under- the laws of the Commonwealth of
Virginia, having its principal office in Roanoke, Virginia, hereinafter styled
Grantor, for and in consideration of the sum of One Dollar ($1.00) and other
valuable considerations to it in hand paid, and pursuant to authority given by
the Board of Directors of said corporation, does hereby release and QUITCLAIM
unto the CITY OF SOUTH BEND, INDIANA, whose mailing address is 1400 County -
City Building, South Bend, Indiana 46601, hereinafter styled Grantee, the
following described Real Estate together with all structures located thereon
situated in the County of St. Joseph, State of Indiana, to -wit:
Part of the East half of the Southeast Quarter of the
Northwest Quarter of Section 15, Township 37 North, Range 2
East, St. Joseph County, Indiana described as follows:
Beginning at a point on the Nest line of Olive Street in
the City of South Bend, South 89°52'30" West, 30.00 feet
and North 00°00'30" East (Assumed Bearing), 124.31 feet
from the center of said Section 15; thence South 89052'30"
West along the North line of Interplastics Corporation as
in Deed Record 7810986 Office of the Recorder of St. Joseph
County, Indiana, 105.64 feet (L. Vanosdol survey dated
April 22, 1983); thence thru the land of the Norfolk and
Western Railway Company North 56°40'30" East parallel to
and 25 feet Southeasterly (measured at right angles to the
centerline of ICC Track No. 77) from the centerline of the
New Jersey, Indiana and Illinois Railroad Company's
"Studebaker Spur" and also known as ICC •Track No. 77,
126.44 feet to the •lest line of Olive Street; thence South
00°00'30" West along the West line of Olive Street, 69.23
feet to the point of beginning, containing 0.084 acres.
SUBJECT, however, to any conditions, restrictions, reservations,
licenses or easements of record, rights of public utilities whether or not of
record, and rights of the public in streets and roadways and rights which are
apparent by visual inspection.
TO HAVE AND TO HOLD said parcel of land, with all and singular the
rights, members and appurtenances thereof, to the same being, belonging or in
anywise appertaining, to the only proper use, benefit and behoof of the said
City of South Bend, Indiana, Grantee, its successors and assigns, forever, in
fee simple.
Grantor further grants for the same aforestated consideration a
permanent easement for a public roadway over and across that certain parcel of
land situated in the City of South Bend, St. Joseph County, Indiana, and i
Particularly described as follows: to alit,
Part of the East half of the Southeast Quarter of the
Northwest Quarter of Section 15, Township 37 North, Range 2
East, St. Joseph County, Indiana described as follows:
Beginning at a point North 00000130" East (Assumed
Bearing), 124.31 feet and South 89°52'30" West, 135.64 feet
from the center of said Section 15; said point being an
angle point in the Southeast right-of-way line of the
Norfolk and Western Railway Company; thence thru the lance
of said Railroad Company as follo+as: South 89°52'30" West
20.00 feet; thence Southwesterly along a curve to the left
having a radius of 230.00 feet and a chord bearing of South
76056'12" West, 119.06 feet to the Northwest right-of-way
of the N.J.I. & I.R.R. Company's "Studebaker Spur" and also
known as ICC Track No. 77; thence Northeasterly along the
Northwest right-of-way of said N.J.I. & I.R.R. Company
along a curve to the left having a radius of 795.52 feet
and a chord bearing of North 58°54'25" East, 67.90 feet;
thence North 56040 " 30" East along said N.J.I. & I.R.R.
Company right-of-way, 57.41 feet; thence thru the land of
said Railroad Company as follows: North 89052'30" East
89.63 feet; thence South 56°40'30" West parallel to and 25
feet Southeasterly (measured at right angles to the
centerline of said ICC Track No. 77) of the centerline of
said ICC Track No. 77, 73.05 feet to the point of
beginning, containing 0.089 acres.
In the event Grantee, its successors and assigns shall at any time
hereafter abandon the easement herein conveved. and in evidence thereof shall
discontinue the use of said easement for a public roadway, then and in such
event the right of way hereby conveyed and all rights incident or appurtenant
thereto shall revert to Grantor, its successors and assigns.
Grantor certifies there is no Indiana Gross Income Tax due and owing
as the result of this conveyance.
IN WITNESS WHEREOF, NORFOLK AND WESTERN RAILWAY COMPANY has caused
its corporate name to be hereunto subscribed and its corporate sea] to be
,7 St.
hereunto affixed thi s�f day of C�L.�`+' �. ,� �� 19 .
ATTEST: NORFOLK AND WESTERN RAILWAY COMPANY
% '-117
Assistant Secretary
1_HE:slc
8/3/87
9166b
77319
Vice President C-`1
BOARD 0r inn 1C ti" ous
...........
STATE OFe
eoCy
Y OF
Before me, the undersigned, a Notary Public in and for said G::ry and
State, personally appeared the within named Zrlw�'s�j
and known to me to be the - r
and !fob -J2 it
YVzy, respectively, ofNORFOLK AND WESTERN RAILVI Y
COMPANY, a corporation, and acknowledged the execution of the foreaoina
quitclaim deed for and in the name of arid on behalf of said corporation as
their free and voluntary act and deed and as the voluntary act and deed of
said corporation.
WITNESS my hand and notar i a l seal , th i s -2• ,46ay of
19 f My commission expires
Piotary Fs,',lic. Gecxgia. `aa� �t Lar�:e
n,1y COM11), c)n Expires Feb 19, 1988
Notary Public
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